CHAVEZ MUNOZ v. BARR (2019)

MEMORANDUM **

Abraham Agael Chavez-Munoz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing Chavez-Munoz’s appeal from an immigration judge’s (“IJ”) decision denying Chavez-Munoz’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

The agency found Chavez-Munoz failed to show a nexus between the harm he fears and a protected ground. In his petition for review, Chavez-Munoz fails to identify any protected ground, let alone offer an argument as to why the evidence compels a conclusion contrary to the agency’s. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground”). As this issue is dispositive, and Chavez-Munoz has waived any argument based thereon, Chavez-Munoz’s asylum and withholding of removal claims fail. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079–80 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver).

Substantial evidence supports the agency’s denial of CAT relief because Chavez-Munoz failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.